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locating a will - help needed please.

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Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    I do wonder, with all the problems people have with locating wills after someone has died, that there isn't an official place where you can lodge your will so that it can be easily found by your family after your death. I know you can leave it with your solicitor but the family might not know who this is. This would also stop unscrupulous families destroying a will if they don't agree with the contents.

    There is a place. The Probate Office has a secure store and charges a on off payment of £15 for storage for as long as it's needed.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 20 November 2009 at 1:23PM
    That is a good idea. I wonder why the local probate offices are not set up to offer that service, or something similar?

    If they don't want the responsibility of physically storing original wills, they could have an electronic register whereby they view the original will and scan it onto a computer with a note where the original will is stored. When the person died the original will would have to be produced, but at least then the first port of call when searching for a will would be the probate office.

    EDIT - crossed posted with the post above.

    In that case - the probate office should have an advertising campaign, I am sure many more people would use this service.... if they knew about it!
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • dzug1
    dzug1 Posts: 13,535 Forumite
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    Errata wrote: »
    There is a place. The Probate Office has a secure store and charges a on off payment of £15 for storage for as long as it's needed.

    But scarcely anyone uses it
  • Errata
    Errata Posts: 38,230 Forumite
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    dzug1 wrote: »
    But scarcely anyone uses it

    How do you know :confused:
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Errata wrote: »
    That's right, you don't have to locate it as it has been invalidated by your dad's second marriage.
    If he hasn't made a will since remarrying (or one very shortly before that) he has died intestate and any assets must be distributed through the intestacy laws.

    Whilst you don't have to locate this particular will you will still have to convince the Probate Office that he hadn't made another one since. You'll have to do things like searching all his papers, asking solicitors that he might have dealt with and things like that.
  • dzug1
    dzug1 Posts: 13,535 Forumite
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    Errata wrote: »
    How do you know :confused:

    Any book on probate will tell you that
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dzug1 wrote: »
    Whilst you don't have to locate this particular will you will still have to convince the Probate Office that he hadn't made another one since. You'll have to do things like searching all his papers, asking solicitors that he might have dealt with and things like that.

    Probate is only required for estates valued at more than £5000. OP stated that her father left no property or assets, so this will not be an issue.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Errata wrote: »
    There is a place. The Probate Office has a secure store and charges a on off payment of £15 for storage for as long as it's needed.

    http://www.hmcourts-service.gov.uk/cms/1218.htm

    For anyone who wants more information on this
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • hardpressed
    hardpressed Posts: 2,099 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Errata wrote: »
    There is a place. The Probate Office has a secure store and charges a on off payment of £15 for storage for as long as it's needed.


    Thanks, I'd never heard of it, I think it all solicitors should tell their clients this when they make a will and the public should be made aware of it.
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